NARAYAN PRASAD SAHU Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed against the judgment dated 22.04.2008 passed by 2nd Additional Sessions Judge (Fast Track Court), Ganjbasoda, District Vidisha in Criminal Appeal No.199/2007 thereby affirming the judgment and sentence dated 12.10.2007 passed by JMFC, Ganjbasoda, District Vidisha in Criminal Case No.382/2007. The applicant has been convicted and sentenced for an offence under Sections 7(i), 7(v) read with Section 16(1) (a) (i) (ii) of the Prevention of Food Adulteration Act and the applicant has been sentenced to undergo the rigorous imprisonment of six months and a fine of Rs.10000/- for an offence under Section 16(1) (a) (i) (ii) of the Prevention of Food Adulteration Act.

(2.) The necessary facts for the disposal of the present revision in short are that on 16.1.2002 in the weekly market, the Food Inspector Ram Singh carried out the inspection and the applicant was running a grossery shop. After introducing himself, the Food Inspector, asked for the license but the same was not made available by the applicant. The Gram Daal was purchased by the Food Inspector after making payment of Rs.18/- @ of Rs.24/- per Kg. Three samples of 250 Gms. each of Gram Daal were prepared. The said Gram Daal was sent for Public Analyst and in the report, the said Daal was found to be adulterated. After issuing a notice under Section 13(2) of the Prevention of Food Adulteration Act, a complaint was filed.

(3.) The Trial Court after recording the evidence and hearing both the parties, convicted the applicant for offence under Sections 7(i), 7(v) read with Section 16(1) (a) (i) (ii) of the Prevention of Food Adulteration Act and sentenced him to undergo the rigorous imprisonment of six months and a fine of Rs.1000/-. The appeal filed by the applicant was also dismissed.